Kiwiwebs Terms & Conditions

If Kiwiwebs is creating a website for you then you must agree to our terms and conditions. By requesting Kiwiwebs to proceed with your site we will take it as read you have agreed to the following:

Please read carefully...

01. Our Services
02. Payment for Services
03. Cancellation of Services
04. Our Responsibilities
05. Your Responsibilities
06. Contract or Non-Contract Clients
07. Retrieval of Access Details
08. Changing Your Details
09. Our Liability to You
10. Compliance with Law

Kiwiwebs Ltd is referred to as “we” or “Kiwiwebs” , and Client is referred to as “you”.

  • 01. Our Services
    Kiwiwebs provides a range of Internet products and services, including: web hosting, domain registration, server hosting, web design, e-marketing and database development. When you subscribe to any of these services it is understood you have read these terms and conditions and have agreed to them. We retain the right to refuse service to anyone at any time.

02. Payment for Services
Our hosting services operate on a pre-paid basis unless otherwise agreed. Our design services operate on a 50% deposit with the balance upon completion unless otherwise agreed. If you choose to prepay hosting for 12 months you will receive a 2 month discount, and will be invoiced immediately for services for 12 months. You will be invoiced again on the renewal date of your account. You can pay for your account by Visa, Mastercard, Cheque, Direct Debit, or Direct Credit. We prefer not to accept cash for security reasons.

If you choose to pay by credit card it is with the understanding that your card will be stored and used for processing future payments (except in the case where you make a one-off payment.) You have the option to receive invoices by post, or email, or both. Payments are due 21 days following the date of the invoice, and automatic email notification will be sent to you by email if payments are overdue. If you fail to make payment within 21 days we may suspend or restrict the services on your hosting account. It is your responsibility to keep your contact details up-to-date to ensure you receive invoices and notifications from us. You will be advised by email if your account is due to be suspended, and in some cases, by telephone. You will be responsible for any costs incurred to recover your debt.

All artwork, domain names or other purchases on behalf of the client remain the property of Kiwiwebs until all accounts are paid in full. This includes all outstanding amounts.

03. Cancellation of Services
You agree to give at least 30 days notice of cancellation of services (excluding Domain registration). Notice must be made by post or fax on your company letterhead, and either signed by the account holder (the contact person listed in our records) or a company director.
You must settle any outstanding debts before your account is closed, otherwise your account will continue to renew. Any prepaid credit will be refunded, once we have deducted the difference between discounted months and full-paid months of service.

04. Our Responsibilities
We agree:
(a) to provide high performance internet services to you;
(b) to be available during business hours by telephone for support and inquiries;
(c) to be available by email at all reasonable times for support and inquiries;
(d) to correct all problems as soon as they occur, or to advise how long it will take;
(e) to provide an online summary of any scheduled, or unscheduled downtime, and to notify customers by email who wish to be notified;
(f) to respond as soon as we can to emergency support requests;
(g) to bill you correctly for the services you subscribe to; and
(h) to keep all software and systems up-to-date.
* please note our services are for the services we provide and we can assume no responsibility for network downtime that is beyond our control (third-party).

05. Your Responsibilities
You agree:
(a) to provide us with correct contact details, and to keep them up-to-date;
(b) to keep your account current, and not let invoices fall overdue;
(c) to keep your private access details (usernames and passwords) confidential;
(d) to assume all liability for software, content and other property used on your site;
(e) to keep back-up copies of all files you publish to our servers;
(f) to download your mail regularly; and
(g) to not store mail on our server for longer than 30 days (or it may be removed without notice).

We prohibit the publication of the following content on our servers (including pictures, links, and text):
(a) any material that infringes any copyright, trademark, patent, common law, or rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
(e) file archives of copyrighted music, videos,and/or images, without permission from the copyright holder.

We also prohibit the use of our servers for:
(a) very high-trafficked websites, without permission;
(b) offering free email or webmail services to the public.

We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible. Please ensure that ALL images used are free from copyright, regardless of who supplied them. You are liable for the content of your site.

If you publish prohibited material you will be responsible for the traffic charges relating to all downloads of that material.

06. Contract or Non-Contract Clients
If your site or software requires a higher level of support than our standard services, a specific contract of service must be agreed and signed by both parties. Such features in a contract may include:
(a) minimum downtime and outage scheduling
(b) guaranteed access to staff and hours of availability
(c) on-site staff when required.
(d) guaranteed back up of data, systems and staff
(e) negotiated chargeout rates, as well as fixed standard rates for outside office hour work
(f) varied billing and/or payment schedules

Please note that NO design or software client is entitled to out of hours support without first having an agreement in place. While we aim to complete all work in a timely fashion and to meet the clients needs, Kiwiwebs reserves the right to prioritise and complete all work to best suit the resources available.

07. Retrieval of Access Details
If you lose your access details there are three things in the following order you can do:
(a) request an automatic password re-send, if available;
(b) phone or email our support staff to re-send them to the address we have on record; or
(c) send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.

08. Changing Your Details
We provide you with the ability to update your contact details yourself through our online control panel. If you require our support staff to update your details you must send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.

09. Our Liability to You
As a customer you have rights under the Consumer Guarantees Act and this section does not limit those rights. However if you use our services for business purposes (or have told us you will do so) then you agree that that Act does not apply to the services we provide you.

To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.

We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider. We are not liable for any content, images, software code, email, or other aspect of your site that may infringe copyright or intellectual property. We do not make claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control.

10. Compliance with Law
You agree to use our services in a manner consistent with all applicable New Zealand and/or Australian laws. If you wish to make a claim against us you must do so in a New Zealand court.
signed for the client by:

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